Sunday, December 09, 2012

In Solidarity with Barefoot Human Rights Defenders

Way back on 3rd March, 2011, PVCHR called upon
Human Rights Institutions, Human Rights Defenders and other civil society
groups to observe9th December each year as Human Rights Defenders Day. This
demand was supported by over 260 Human Rights Defenders representing 45 Organisations
across Uttar Pradesh. On 9th December, 2011, PVCHR not only
organized the First National Convention on Human Rights Defenders in Varanasi
but also honoured some of the HRDs. We are glad that Justice Sri
K.G.Balakrishnan, Chairperson, National Human Rights Commission (NHRC) in his
message to the HRDs has shared our belief.
We thank NHRC for acknowledging the contribution of the HRDs in the work
of the commission’s mission for protection of human rights in India. On its
part the HRDs appreciate the formation of a focal point in NHRC considering the
risk and real time support the former need.
It goes without saying that the HRDs have played an important role in
mobilizing victims to strengthen the complaint mechanisms of the commission not
only to strengthen the process of access to justice from the commission but to
highlight the extent of human rights violations in India. Increase in number of
complaints registered in NHRC from 496 in 1993-94 to 95,174 in 2011-12 clearly bears a mark of
the role HRDs and other civil society groups.

The observation of 9th December
will not be a day to celebrate in anyway, but to rededicate ourself for strengthening the human rights movement
in every corner of the country to build a society of dignity and justice. The
HRDs will continue to face threats, intimidation and reprisals both from state
and non state actors. The non state actors are operating as state actors and
the state agencies are at the command of non state actors. The freedom of the
citizens of a free nation is at stake. The degree of threat is always larger in
the rural and remotest part of the country. The sacrifice of all those HRDs and
their family members will not go waste. We resolve to establish a just and
democratic society based on constitutional values.

We also take this opportunity to thank all
those national and international agencies, individuals who believed and supported the politics of Human
Rights Defenders across India.

However, we appeal all the freedom loving
people to go through the following case which is pending in NHRC. This case
highlights the state of HRDs in India.

Dr Lenin Raghuvanshi, Secretary General, PVCHR

Dr Mohanlal Panda, Secretary, PVCHR

Case No.11939/24/73/2010-DB-II

The Commission received a complaint dated
1.4.2010 from Shri Nand Lal Shukla, President, Manavadhikar Emergency Helpline
Association, Sant Ravidas Nagar, Bhadohi, UP and a human rights defender,
alleging that the then Addl. Supdt. of Police, Sant Ravidas Nagar, Uttar
Pradeshy - Ms. Ruchita Choudhary called
him and asked him to withdraw his statement in a complaint case no.
224/24/73/09-10 earlier submitted by him before the Commission pertaining to
one victim Vinod Kumar Dixit. He further
alleged that when he showed reluctance, the Addl. Supdt. of Police, Sant
Ravidas Nagar threatened him and stated that the investigation is being done
against him and after lodging FIR, his limbs will be broken. In the light of the apprehension of false
implication and threat to life, a prayer was made before the Commission for
intervention and justice.

Pursuant
to the directions of the Commission dated 09.04.2010, the matter was got
enquired through DIG Vindhyachal Range, Mirzapur. The
report dated 12.07.2010 mentions that in the light of investigation
pending against the complainant and in view of anticipation of action against
him, false allegations were leveled in
the complaint. No action, therefore,
appeared necessary on the complaint. It
was also mentioned in the repot as regards release of Vinod Kumar Dixit by the
then SHO Gopiganj, Mangla Prasad Chaturvedi, after accepting money,
departmental action against him had been initiated under the relevant rules.

In his comments on the above report, the
complainant his letter dated 24.9.2010
reiterated his allegations also stating that investigation against him was
being carried out by Addl. Supdt. of Police, Ruchita Choudhary with a view to
protect the then SHO from he action against him, although the Commission had
made a recommendation for monetary relief after finding the SHO guilty. It was also mentioned that there was no case
registered against the complainant either in Sant Ravidas Nagar or in any other
part of Uttar Pradesh or anywhere else in India. However, his brought living in Mumbai was
unnecessarily harassed by police from Bhadohi on the pretext of an enquiry and
the Polide did not find anything adverse against him. The accused Addl. Supdt. of Police continued
to threaten the complainant and therefore, a prayer was made for an indeptn3ednt inquiry.

While considering the matter, the Commission
on 24.3.2011 directed Director General (Investigation) of the Commission to
have the matter investigated by deputing a

competent
team of the Commission and submit a report within six weeks. The Investigation team of the Commission
submitted a report wherein the
allegations made in the complaint were not found substantiated.

The
Commission while considering the matter on 3.1.2012 directed to call for the
replies to the queries from the DGP, UP i.e. to inform - If he had received a
complaint from SI M.P. Chaturvedi; If this was in writing, to send a copy to the
Commission; If it was oral, what the contents were and how it was received;
what instructions he conveyed on it and to whom. The Commission also directed SP, Sant Ravidas
Nagar to inform whether a complaint from
Chaturvedi was referred to him by the DGP, UP; What the complaint was; and What
instructions he conveyed on it and to whom.

The Supdt. of Police, Sant Ravidas Nagar,
Bhadohi in his letter dated 23.1.2012 mentioned that the police personnel SIs
Mangla Prasad Chaturvedi and Jai Kishan Verma found guilty had been awarded
penalty of reduction to the lowest stage of pay in the time scale of pay for a
period of 3 years each. DGP, UP vide his
letter dated 9.2.2012 informed that the
Supdt. of Police, Sant

Chaturvedi
has made a complaint against Sh. Nand Lal Shukla about his involvement in
various illegal activities as well as his association with the criminals. The
DGP had directed the SP, Sant Ravidas Nagar, Bhadohi to enquire the matter and
to submit a report.

While
considering the matter on 1.3.2012, the Commission observed that it was
apparent that Sh. Nand Lal Shukla was intimidated and harassed by the Addl. SP
Ms. Ruchita Choudhary on the pretext of a pseudonymous complaint because he
exposed police malpractices and this Commission, vide its proceedings dated
4.2.2010 in the case No.224/24/73/09-10, directed to issue a show cause notice
u/s 18(a) (i) of Protection of Human Rights Act and action against guilty
police officials in the matter. Therefore, Sh. Nand Lal Shukla must be paid
adequate compensation under the
provisions of the Protection of Human Rights Act, 1993 for violation of his
human rights by a senior police officer of the State.

Accordingly, the Commission on 1.3.2012
directed that a notice u/s 18(a)(i) of the Protection of Human Rights Act, 1993
be issued to the Govt. of UP, through its Chief Secretary, requiring him to
show cause why compensation be not recommended to the victim Sh. Nand Lal
Shukla.

The Chief Secretary, UP was also asked to
initiate suitable punitive action against Ms. Ruchita Choudhary, the then Addl.
Supdt. of Police, Sant Ravidas Nagar, Bhadohi for intimidation and harassment
of Sh. Nand Lal Shukla on the pretext of a pseudonymous complaint. It must also
be inquired why and how many times police officials were sent to Mumbai in this
matter and whether the letter dated 18.3.2010 said to be signed and issued by
Sh. Karamveer Singh, the then DGP, UP is genuine or otherwise. DGP, UP was also asked to ensure security for
the complainant.

In
response to the Show Cause Notice dated 6.3.2012,, Secretary, Home (HR) Deptt,
UP vide his letter dated 01.05.2012 submitted a copy of report dated 20.4.2012,
received from Addl. DGP (HR), UP along with the report dated 17.4.2012 received
from sP, Sant Ravidas Nagar mentioning that there was no evidence found during
enquiry about threatening to Shri Nand Lal Shukla and harassment caused to any
one in Mumbai. There was, therefore, no
justification for grant of monetary relief to the victim (complainant). Sh.
Nand Lal Shukla in his letter dated 20.4.2012 submitted that after coming to
know about the issue of Show Cause Notice, Addl. SP, Ruchita Choudhary contacted Senior police
officer for creating pressure. The
police was trying to hush up and save the officer from action. He has,
therefore, prayed for independent investigation and justice.

The matter was placed before a Division Bench
of the Commission on 03.10.2012 when it inter-alia observed and directed as
under:-

“In
view of the report received it is apparent that the activist is being
harassed. No response has been received
to the show-cause notice issued by the Commission.

Considering the facts and circumstances of
the case and that the said Nand Lal
Shukla is a genuine Social Worker, acting
as a defender of human rights, the Commission would like to have the
presence of Additional Superintendent of Police, Ms. Ruchita Choudhary and
Superintendent of Police, Sant Ravi Das Nagar before the Commission on 12
the December, 2012 at 11.00 A.M.”

Pursuant to the above directions, Summons
dated 10.10.2012 were issued to Ms. Ruchita choudhary, Addl. Supdt. of Police
(R), Kanpur Nagar, UP and Supdt. of Police, Sant Ravidas Nagar calling upon
them to appear in person before the Commission on 12.12.2012 at 11.00 A.M.